Criminal Record Discrimination Lawyers in New York

Facing Discrimination for a Criminal Record in the Workplace? Let Us Help

Workplace harassment can take many forms. When you face discrimination based on a conviction or arrest, your rights are being violated. You have the right to work in a safe environment.

Learn more about how we can help you get the justice you deserve after you’ve been singled out for your criminal history.

What Is Criminal Record Discrimination?

Criminal record discrimination occurs when an employer takes negative action against a job applicant or employee solely because of their past criminal convictions.

This type of discrimination can take many forms. An employer may refuse to hire some or deny an employee a promotion.

In extreme scenarios, an employer may choose to fire a worker because of their criminal history without considering the relevance of the arrest or conviction to the job at hand.

Your Legal Protections Against Criminal Record Discrimination in NY

New York City and State laws offer some of the strongest protections for individuals with criminal records.

These laws are designed to prevent employers from using criminal history as a barrier to employment unless there is a direct relationship between the criminal offense and the job role, or if the person’s criminal history poses a significant risk to the safety of others.

• New York State Human Rights Law (NYSHRL): This law prohibits employers from discriminating against individuals with criminal records, except in specific circumstances where the criminal record is directly related to the job role or poses a significant safety risk. Employers are required to evaluate each case individually, considering factors such as the time since the conviction and evidence of rehabilitation.
• New York City Fair Chance Act (FCA): Also known as the “ban the box” law, the New York City Fair Chance Act (FCA) prohibits employers from asking about criminal history on job applications or during initial interviews. Employers may only inquire about an applicant’s criminal record after a conditional job offer has been made. If the offer is rescinded based on criminal history, the employer must provide written justification for their decision.
• Title VII of the Civil Rights Act of 1964: The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including those related to criminal records. If an employer’s use of criminal background checks disproportionately affects minority groups, it may constitute illegal discrimination under Title VII.

Common Violations of Criminal Record Discrimination Laws

Despite these protections, many employers continue to misuse criminal history information in their hiring and employment practices. Common violations include:

• Unlawful background checks: Employers may perform criminal background checks early in the hiring process, before offering a conditional job offer, which violates the FCA.
• Automatic disqualification: Employers may have blanket policies that automatically disqualify individuals with any criminal history, regardless of the relevance of the offense to the job.
• Lack of individualized assessment: Employers must assess criminal history on a case-by-case basis, taking into account factors like the nature of the offense, the time since the conviction, and evidence of rehabilitation. Failing to do so may constitute discrimination.

If you believe your employer has unlawfully used your criminal history to make an employment decision, you have the right to challenge their actions.

How to Prove Criminal Record Discrimination

Proving criminal record discrimination can be challenging, but with the right legal guidance, it is possible to build a strong case. Here are some steps to take if you suspect you’ve been discriminated against:

1. Document everything: Keep a detailed record of any interactions with your employer regarding your criminal history, including emails, letters, or verbal conversations. If your criminal history was discussed during an interview or at any point in the hiring process, document the details, including dates and times.
2. Gather evidence: Look for any evidence that suggests your criminal history was used unfairly. This could include written communications from the employer or any patterns of behavior that indicate discrimination.
3. Witness statements: If possible, gather statements from coworkers or others who witnessed the discrimination or can attest to the employer’s unfair treatment of individuals with criminal records.
4. Consult with an attorney: Working with an experienced employment lawyer is crucial to navigating the complexities of a criminal record discrimination claim. At Filippatos PLLC, we can help you gather the necessary evidence and present a compelling case on your behalf.

What Should I Do If An Employer Discriminates Against Me?

If you believe you’ve been discriminated against due to your criminal record, there are several steps you can take to seek justice:

• Filing a complaint internally: Start by filing a written complaint with your employer, typically with your supervisor or the human resources department. Be sure to document each incident thoroughly, including the time, date, and any witnesses. This creates a paper trail that can be useful if you decide to take legal action.
• Filing an EEOC claim: You may also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your claim and determine whether your rights have been violated under federal law. However, it’s always best to consult with an attorney before filing a claim to ensure you understand your legal options.
• Filing a claim with state or local agencies: In New York, you can also file a claim with the New York State Division of Human Rights or the New York City Commission on Human Rights. These agencies enforce local anti-discrimination laws and can investigate your case.

What Compensation Is Available for Victims?

Victims of criminal record discrimination may be entitled to compensation, including:

• Back pay: Wages you would have earned had the discrimination not occurred.
• Reinstatement: If you were wrongfully terminated or denied a position, you may be eligible for reinstatement to your job.
• Compensation for emotional distress: Being discriminated against based on your criminal history can cause significant emotional and psychological harm. You may be entitled to compensation for your suffering.
• Punitive damages: In some cases, courts may award punitive damages to punish employers for particularly egregious or willful discrimination.

How Filippatos PLLC Can Help You with Your Criminal Record Discrimination Claim

At Filippatos PLLC, we understand how challenging it can be to face discrimination in the workplace, especially when it is based on something in your past.

Our legal team, led by Attorney Parisis “Gerry” Filippatos, has extensive experience handling employment discrimination cases, including those involving criminal records. We are committed to fighting for your rights and helping you secure the justice and compensation you deserve.

Whether you’ve been wrongfully terminated, denied a job, or discriminated against at work because of your criminal history, we are here to help.

Our compassionate and dedicated lawyers will guide you through the entire legal process, from gathering evidence to filing a claim and negotiating a settlement or representing you in court.

Contact Filippatos PLLC for Legal Representation Today

If you believe you’ve been a victim of criminal record discrimination in the workplace, don’t wait to take action. The sooner you contact us, the better we can protect your rights and help you build a strong case.

Our team is here to offer you the legal guidance and support you need during this challenging time.

Please give us a call at 888-9-JOBLAW, fill out our online form, or schedule a free Zoom consultation so we may discuss the details of your case.

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